No. SB 310
Filed under Criminal Justice.
Immigration; Specifying duties of certifying officials from certifying agencies concerning certification forms in support of U-visa applications; requiring a certifying official from a certifying agency that denies a certification to provide the petitioner with specified written notice; authorizing applicants to petition the circuit court if the certifying agency fails to respond within those timeframes; prohibiting certifying agencies and certifying officials from disclosing the immigration status of victims or persons seeking a certification, etc.
Plain English Summary
AI-GENERATEDFlorida law enforcement and prosecutors must sign U-visa certification forms if a victim was helpful in a qualifying crime, with a rebuttable presumption of helpfulness if they did not refuse to assist.
Agencies must decide within 90 days, or 14 days if the victim is in removal proceedings, and must provide written notice with specific reasons if they deny the request.
If an agency fails to respond or unreasonably refuses, the applicant may petition a circuit court, which can execute the certification form and award attorney fees to the prevailing applicant.
Certifying officials are prohibited from disclosing the immigration status of victims or applicants, except to comply with federal law, legal process, or with the victim's authorization.
AICertifying officials must sign the U-visa form if the victim was a victim of qualifying criminal activity and is helpful, is being helpful, or is likely to be helpful to the investigation or prosecution.
AIA victim is presumed helpful if they have not refused or failed to provide information and assistance reasonably requested by law enforcement.
AIAgencies may only deny certification based on lack of qualifying criminal activity, lack of helpfulness, lack of jurisdiction, or other lawful circumstances; no other factors may be considered.
AIIf an agency fails to respond within 90 days (or 14 days if in removal proceedings), the applicant may petition circuit court; if the agency's refusal is unreasonable, the court may execute the form and award attorney fees.
AICertifying officials and agencies are prohibited from disclosing the immigration status of a victim or requester, except to comply with federal law, legal process, or with the victim's authorization.
AIDenials must be in writing and include an internal case number, date, and a specific reason from a defined list; agencies must keep a copy for at least 3 years.
AIAgencies must report annually to the Speaker, Senate President, and Governor the number of requests, signed forms, denials with reasons, and pending certifications.
AIAgencies must designate personnel to process requests, develop written procedures, and establish training and communication processes with community and faith-based organizations.